1. Introduction

Symbiotic is a technology company based in Nairobi, Kenya that works with individuals, companies, organizations and governments around the world to deploy engaging web and mobile technology solutions on SMS, USSD, Voice, Mobile web and Mobile applications to deliver compelling experiences to their consumers.

We build solutions that help businesses and organizations leverage web, mobile and general telecom technology to maximize revenues and meet other business objectives.

Our areas of focus are:

Our services include mobile billing, messaging platforms, mobile marketing, content management, payment gateways, hosted services – SaaS (software as a service), PaaS (platform as a service), technical service management and technical consulting.

We provide direct network connectivity for promotion, distribution and billing of mobile content and services over a range of channels including SMS, USSD, Voice, Mobile web, Web and Mobile applications.

Our focus is using interactive technology in the most cost-efficient way to create superior service experiences that deliver value to businesses and customers alike.

2. What information we collect

As a prerequisite to providing various services to you, we must collect, analyze and store personal data that may be uniquely identifying. Collection and use of this data happens when you use our online and mobile properties that include but are not limited to www.symbiotic.co.ke | www.kelele.mobi | www.planetriverwood.com | www.gumzo.mobi | www.keleleradio.com | www.keleletv.com | www.tumasms.com | Social Storm | Pasha Habari | Moco | Moca | Blackbox | Float | Airtime+ | Kazi Kasi | Safiri Express  ( “ the properties ” )

Collected information may include all or some of the below mentioned:

Privacy policy and terms of use as found at – Symbiotic- a leading mobile VAS provider in Africa

3. How we use your information

We use your information to:

4. Information and Data Sharing

4.1. Except as set out in this policy and as communicated in additional service terms as may apply individually, Symbiotic does not sell, rent, trade or otherwise transfer any user specific personal information to any third party without your express permission by way of double opt-in, checkbox input and others as may apply  (unless it is obliged to do so under applicable laws or by order of the competent authorities).

4.2. If any such authority lawfully requests Symbiotic or one of Symbiotic’s partners to retain and provide personal information, communications content and/or traffic data, Symbiotic and/or its partner will comply with that request.

4.3. Symbiotic runs services internationally and you acknowledge that if  Symbiotic enters into a joint venture, license agreement or sells all or part of its business, your personal information as collected by Symbiotic may be transferred to or shared with the business partner or purchaser.

5. Data Security

5.1. Symbiotic limits access to personal information about you and / or your business to resources whose access is necessary for the provision of services by way of deployment, consulting, customer service, other form of support or business maintenance.

5.2. Symbiotic has  in place physical, electronic, and procedural safeguards to protect all the information that flows through its properties, subject to all applicable obligations and exceptions under applicable law.

6. Service access and billing

6.1. Symbiotic will communicate transparently and upfront the billing model, amount and frequency (where applicable) for all services on its platforms.

6.2. Where required, such as for content rated as + 18, double opt-in and PIN confirmation will be used, with a third party service – Layered Access, used where necessary to verify both identity and age of first time subscribers. This is to allow us align with laws and regulations in various territories where we operate.

6.3. Errors and omissions will be billed as the user experience employed across all our services is clear and straightforward.

6.4. You may unsubscribe from any service at anytime by sending either “STOP” or “OFF”  to the shortcode that you first used to activate the service or you may use the self help modules as provided on the web and mobile web sites for services subscribed or you may call the mobile network operator for deactivation via their service delivery platforms in available territories. We adhere to Best Practice as outlined in the Mobile Marketing Association service charter of which we are members.

6.5. For service providers, and clients using our PaaS services to run and manage their own services, platform and administration fees are payable quarterly in-advance. You will be notified at least 7 working days before your next payments are due to give you sufficient time to meet your obligations. Failure to meet obligations will result in account access restrictions with an automatic additional charge of 10% (dunning fee) payable before access is reinstated.

Also, if you violate (or if we have reason to believe that you have violated) our Acceptable Use Policy, in addition to our available remedies described in this Terms of Service, we may investigate the incidents that we believe are contrary to our Acceptable Use Policy and following written notice from third parties, we may provide requested information to affected and / or oversight third parties. Limited access or absolute termination of your access to our services and platforms may be invoked, with no refunds on service fees (if paid upfront), and the withholding of any monies due on revenue share or otherwise from services that may have been running, until matter has been brought to logical legal conclusion.
Privacy policy and terms of use as found at – Symbiotic- a leading mobile VAS provider in Africa

7. Payments

7.1. Where revenue is generated for a service for which revenue share or payout  is applicable, the following channels can / will be used for settlement, with disbursements done net of transaction fees levied by banks or payment gateways; Mobile Money, Real Time Gross Settlement, Electronic Funds Transfer, International Wire and PayPal.

 8. Communication protocol

8.1. Symbiotic will communicate to you via email, voice, sms or push message to notify you of issues and faults with any service and if you are considered to have breached any of the terms of your Agreement with Symbiotic  as concerns use of the various properties and services,

8.2.  Symbiotic will communicate with you through the above mentioned channels to keep you up to date with new products and services as may be offered by ourselves or our partners,

8.3. For service providers, and clients using our SaaS services to run and manage their own services, depending on your Service Level Agreement, your dedicated account executive will communicate to you via email, in-dashboard notice, voice, sms or push message to notify you of issues and faults with any service and if you are considered to have breached any of the terms of your Agreement with Symbiotic as concerns use of the various properties and service.

9. Intellectual Property

9.1.  Intellectual property rights in all software, information, technology or data whatsoever supplied by Symbiotic across all its platforms under Agreement will remain the property of Symbiotic or its licensors, and You agree to not copy, sell, modify, adapt, translate, reverse engineer, decompile or disassemble or create derivative works of any Services or software or other products that form any part of the Services, or permit others to do so (except that the foregoing does not apply to content that You legally transmit using Symbiotic across all its platforms). Any intellectual property rights to any developments will be the property of the developing party.

9.2.  Nothing in this Agreement or the Services may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Symbiotic’s trademarks displayed on the Services, without our prior written consent. Symbiotic across all its platforms owns the goodwill generated from the use of the Symbiotic name across all its platforms trademarks.

9.3.  We hereby grant to you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license during the term to display the trade names, trademarks, service marks, logos, domain names of Symbiotic that we may specify from time to time (the “Symbiotic Marks”) for the purpose of promoting or advertising that you use the services, solely in accordance with the terms and conditions of this agreement. In return, you hereby grant us a limited, non-exclusive, non-transferable, non-sub-licensable license during the term to display your trade names, trademarks, service marks, logos, domain names and the like for the purpose of promoting or advertising that you use the services.

In using the Symbiotic Marks, you may not: (i) display Symbiotic Marks in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by us; (ii) use Symbiotic Marks to disparage Symbiotic or its products or services; or (iii) display a Symbiotic Mark on a site that violates Our Acceptable Use Policy. Notwithstanding the above, we may determine at our sole discretion whether our marks may be used in connection with your application. All uses of the Symbiotic marks and associated goodwill will inure to our benefit.

If  you have any issues concerning this policy, you are welcome to get in touch with us through the email  – legal [at] symbiotic.co.ke or call us on +254 20 359 6305